An appeal is a request to a higher court to review a decision made by a lower court. The party who lost at trial, or on a pretrial ruling, can ask an appellate court to examine whether the lower court made a legal error. An appeal is not a new trial and usually does not involve new evidence. Instead, it reviews the record that was already created. Understanding appeals helps explain what can be challenged, what deadlines apply, and why most trial outcomes are final.
What an Appeal Is and Is Not
An appeal is a review of the law and the record. The appellate court does not retry the facts, call witnesses, or hear new testimony. It reads the briefs, reviews the transcript and exhibits, and may hear oral argument. The court can affirm the lower court, reverse it, vacate it, or remand the case for further proceedings. An appeal is also not automatic. The losing party must decide whether to appeal, file the required papers on time, and follow the appellate rules.
Who Can Appeal and When
Generally, only a party who is aggrieved by the judgment can appeal. In the federal system, appeals usually must wait until the trial court enters a final judgment that ends the case. This is the final judgment rule. It prevents piecemeal appeals and keeps cases moving. Courts recognize exceptions, including certain interlocutory orders that a statute or rule allows to be appealed, such as injunctions, and the discretionary certification of some orders for immediate review.
Deadlines and the Notice of Appeal
Deadlines are strict and short. In federal civil cases, Rule 4 of the Federal Rules of Appellate Procedure generally requires a notice of appeal within 30 days after entry of the judgment or order being appealed. When the United States or its officer or agency is a party, the time is 60 days. In criminal cases, different rules and time limits apply. State systems set their own deadlines, and they are often similar but not identical. Missing the deadline usually means the appeal is dismissed, so courts treat the notice of appeal as a jurisdictional requirement.
The Record on Appeal
The appellate court decides the case on the record created in the trial court. That record includes the pleadings, the transcript of proceedings, the exhibits, and the orders and judgment. A party who wants to challenge a ruling must usually have raised the issue in the trial court first, a principle called preservation of error. An issue not properly preserved may be reviewed only for plain error or not at all. For this reason, trial counsel often objects on the record to protect the right to appeal.
Standards of Review
The appellate court does not look at every issue the same way. The standard of review tells the court how much deference to give the lower court.
| Standard | What it means | Typical issues |
|---|---|---|
| De novo | Fresh review, no deference | Legal questions, summary judgment |
| Abuse of discretion | Deference unless the ruling is unreasonable | Evidentiary and discovery rulings |
| Clearly erroneous | Deference unless clearly wrong | Findings of fact by a judge |
| Substantial evidence | Uphold if supported by the record | Some agency and jury findings |
Even when the appellate court finds an error, it will not reverse if the error was harmless and did not affect the outcome. Reversible error must have made a real difference.
How the Appeal Proceeds
- The appellant files a notice of appeal in the trial court.
- The record is transmitted to the appellate court.
- The appellant files an opening brief with legal arguments and citations to the record.
- The appellee files a response brief.
- The appellant may file a reply brief.
- The court may hear oral argument, with time limits for each side.
- The court issues a written decision, often called an opinion, and enters judgment.
The court may remand, meaning it sends the case back to the lower court for further action consistent with the decision. It may also affirm, reverse, or vacate in full or in part.
Intermediate Courts and Courts of Last Resort
Most states and the federal system have two levels of appellate review. The first is an intermediate appellate court, such as a federal court of appeals or a state court of appeals. The second is a court of last resort, usually a supreme court. Review in the higher court is often discretionary. A party files a petition for review or a petition for a writ of certiorari, and the court chooses whether to hear the case. The United States Supreme Court grants review in a small fraction of the petitions it receives, generally when there is a conflict among courts or an important federal question.
State Variation
Appellate structure and rules differ from state to state. Some states have mandatory intermediate review, while others send certain appeals straight to the supreme court. Deadlines, briefing requirements, page limits, and the availability of oral argument all vary. A few states use different terminology. Always check the rules of the specific appellate court.
Stays, Bonds, and Costs
Filing an appeal does not automatically stop the lower court's judgment from taking effect. A party who wants to pause enforcement usually must ask the trial court or the appellate court for a stay. In civil cases, a stay may be conditioned on posting a bond or other security to protect the other side if the appeal fails. Courts weigh factors such as the likelihood of success, the risk of irreparable harm, and the public interest. Appellate costs and, in some cases, attorney fees may be awarded to the prevailing party under the applicable rules.
Where to Find the Rules
The Federal Rules of Appellate Procedure are published at uscourts.gov and summarized at law.cornell.edu. The federal courts of appeals publish local rules and internal operating procedures. State appellate court websites publish their own rules and self-help resources, and govinfo.gov provides access to federal statutes and reports.
This guide is general information about court procedure and is not legal advice. Appeal deadlines are very short and easy to miss, so anyone considering an appeal should consult a licensed attorney immediately.